COURTROOM PROCEDURES
This position is honourable and arduous to obtain, as the lives of the State of San Andreas lay in your hands. You will be responsible for taking and documenting the objective information provided by the defendant and the prosecution, in which you will need to judge the outcome of a series of events.
This job will be difficult and you may not be favoured by the outcome of some situations; however, it is important to understand that your decisions will need to be unbiased and in good faith.
DUTIES
As a judge for the State of San Andreas, you will be undertake a new array of tasks you may not be used to. This includes presiding over bench trials and other high profile cases. As a judge, you will be hearing evidence, making decisions on motions, and making rulings. You will be responsible for ensuring the law is followed and carried out in every case. You will also have the opportunity to read through court documents and may research legal issues. DEFINITIONS
Beyond a reasonable doubt - Part of jury instructions in all criminal trials, in which the jurors are told that they can only find the defendant guilty if they are convinced "beyond a reasonable doubt" of his or her guilt. In cases where jurors are not available, a judge must come to the conclusion the defendant is guilty beyond a reasonable doubt before reaching that verdict. Sometimes referred to as "to a moral certainty," the phrase is fraught with uncertainty as to meaning, but try: "you better be damned sure." By comparison it is meant to be a tougher standard than "preponderance of the evidence," used as a test to give judgment to a plaintiff in a civil (non-criminal) case.Reasonable suspicion - Presumption that a crime has been, is being, or will be committed. It is a reasonable belief based on facts or circumstances and is informed by a police officer’s training and experience. Reasonable suspicion is seen as more than a guess or hunch but less than probable cause.
Probable cause - The logical belief, supported by facts and circumstances, that a crime has been, is being, or will be committed.
Presumption of Innocence - A fundamental protection for a person accused of a crime, which requires the prosecution to prove its case against the defendant beyond a reasonable doubt. This is known as the common phrase "innocent until proven guilty".
Miranda warning - The requirement, also called the Miranda rule, set by the U.S. Supreme Court in Miranda v. Arizona (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against him/her. The warnings are known as Miranda rights or just "rights." Further, if the accused person confesses to the authorities, the prosecution must prove to the judge that the defendant was informed of these rights and knowingly waived them, before the confession can be introduced in the defendant's criminal trial. The Miranda rule supposedly prevents self-incrimination in violation of the Fifth Amendment to the U.S. Constitution.
Acquit - What a jury or judge sitting without a jury does at the end of a criminal trial if the jury or judge finds the accused defendant not guilty.
Arrested - Means you have been taken into custody and can't leave. You can be detained for a short period of time if a police officer or other person believes you may be involved in a crime.
Court Procedures: CRIMINAL
BENCH TRIAL - ”SPEEDY TRIAL”
- In the event of a speedy trial, a judge will be requested and the event will take place at the courthouse or the MRPD courtroom.
- Charges being held against the defence will be disclosed to the judge by the arresting officer and/or the highest ranking officer (the prosecution) at the time of the case and any evidence will be forwarded to both the defense and the judge.
- The prosecution will give an opening statement, i.e. they will list the charges and they will present their argument as to why the defendant is guilty of said charges, and what they intend to prove.
- The defense will then give an opening statement, i.e. they will say why they should be found innocent of the charges brought against them.
- The prosecution will bring their witnesses and testimony is given of the events. The judge may ask any clarifying questions they have to each witness after their testimony. Sometimes the defense will be able to ask a clarifying question, at the discretion of the judge.
- The defense will bring their witnesses and testimony is given of the events. This mimics the above.
- After all the witnesses have been seen, the prosecution may point out and discuss important sections of the evidence and testimony, which the defense is allowed to dispute.
- Prosecution will then give a closing statement, including what they think they proved.
- Defense will then give a closing statement, including what they think the prosecution have not proved.